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Effective between: June 25, 2024 - December 10, 204
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1.1 Penny AI Technologies, Inc. (“Company”, “we” or “us”) provides its Service (as defined below) to you through its web site located at Trnd.io (the “Site”) and through its mobile applications (“Mobile Apps”) and related technologies, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site as a Seller (defined below) (“Seller”, “you” or “your”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of an individual, company, business or other legal entity, you represent and warrant that you have the authority and all rights necessary (A) to bind such individual or entity and its affiliates to this TOS and (B) to grant the rights set forth herein with respect to such individual or entity, in which case the terms “Seller”, “you” or “your” shall refer to such individual or entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. If you are entering into this TOS on behalf of an individual, company, business or other legal entity, you shall, upon Company’s request, provide to Company any documentation that Company requests to verify that you have the authority and all rights necessary to represent such individual or entity and to grant the rights as set forth in this TOS. All individuals and entities who use the Service, including but not limited to a Brand (defined below), Sellers and Customers (defined below), are referred to as “Users”.
1.2 For the purposes of these TOS, the “Brand” refers to (i) any entity or individual that produces, stocks, designs, manufactures, distributes, and/or sells physical products that Customers (defined below) purchase through a Seller, such as a brand, retailer or other merchant, (ii) is responsible to the Customer for the sale of the physical products, namely with respect to quality, quantity, and delivery, or other specifications relating to the purchase and delivery of the physical products, (iii) engages in a commercial relationship with the Sellers to market and promote its physical products to Customers, (iv) is the direct seller of the physical products purchased by the Customer through the Seller, and (v) is the seller or merchant of record with the responsibilities related thereto as set out in this TOS. The “Seller” refers to (i) any entity or individual, including their representatives and/or representing agencies, commercially engaged and authorized by the Brand to act as an intermediary between the Brand and the Customer, (ii) is responsible for the marketing, promotion, and/or facilitation of transactions between the Brand and the Customer, (iii) does not directly or indirectly produce, stock, design, manufacture, distribute, sell and/or independently deliver any of physical products it markets and promotes to the Customer, and (iv) serves as an intermediary to between the Brand and the Customer. The “Customers” refers to (i) any entity or individual that purchases physical products from the Brand as promoted, marketed, and/or facilitated by the Seller, and (ii) will enter into a direct transaction with the Brand for the purchase of the physical products promoted and/or marketed by the Seller.
1.3 Company may amend this TOS from time to time by providing you with a prior written notice (“Update Notice”) either by emailing the email address associated with your Account, by posting a notice on the Site or notifying you through the Services (defined below). You can review the most current version of this TOS at any time at https://get.trnd.io/tos-seller. The amended TOS will take effect as of the effective date specified by the Company in its Update Notice to you. Your continued use of the Services after the effective date of the amendment to this TOS shall constitute your acceptance of the amended TOS. In the event the Company does not specify an effective date for the amendments to this TOS in its Update Notice to you, the amendments shall take effect fourteen (14) days after the date the Update Notice was issued by the Company. If any change or amendment to this TOS is not acceptable to you, your only remedy is to stop using the Services and/or send a cancellation email to support@trnd.io.
1.4 As part of the registration process for the Services, you will identify an administrative username and password for your account (“Account”). If you are an individual, you are not authorized to use the Service if you are under 18 years old.
2.1 The “Service” includes (a) the Site, (b) Mobile Apps, (c) Company’s platform and related technologies, pursuant to which Seller are able to promote and sell Brands’ goods through a virtual storefront (“Virtual Storefront”) to end customers (“Customers”) and (d) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). As part of the Service, you may create a profile (“Profile”), based on Your Materials (as defined below), including your name and photo. Brands will be able to see your Profile, and Brands seeking to connect with Sellers will be able to search for your Profile and will use the information from your Profile to invite you to view products and services sold by them, make a proposal on a potential Seller-Brand Arrangement (as defined below), or otherwise communicate with you. You understand and agree that the placement or ranking of your Profile in search results may depend on a variety of factors, including, but not limited to, Brand or Seller preferences, ratings and/or offered rates. As part of the Service, Company may provide you with link(s) to your Virtual Storefront (“Shareable Links”) that you may post, display, upload, or otherwise share through your Social Media Accounts or other means. Any new features added to or augmenting the Service are also subject to this TOS. “Social Media Account” means a registered account with a social media, social network or content sharing platform, including but not limited to Facebook, Twitter, Instagram, Snap, YouTube, Vimeo and Pinterest.
2.2 You acknowledge that Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s or its third-party service providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful, commercial purposes. All rights, title and interest in and to the Service and its components (including all Usage Data, as defined below) will remain with and belong exclusively to Company. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt, interfere with, or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks, (d) use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Service, (e) use the Service for any purpose not expressly permitted by this TOS, (f) copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by this TOS, (g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, (i) attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures, or (j) advocate, encourage, or assist any third party in doing any of the foregoing. You shall comply with any codes of conduct, policies or other notices Company provides you or publishes in connection with the Service, and you shall promptly notify Company if you learn of a security breach related to the Service.
3.2 You are solely responsible for Your Trademarks (as defined below), content, all photos, images, videos, graphics, written content, audio files, code, data, information, feedback, suggestions, text, and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Materials”). You agree to cooperate with and provide reasonable assistance to Company in promoting and advertising the Service.
3.2.1 You grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of Your Materials provided by you in connection with the Service. We may use our rights under this license to operate, improve, provide, and promote the Service and to perform our obligations and exercise our rights under this TOS. You represent, warrant, and agree that (A) you have all necessary rights in Your Materials to grant this license; (B) Your Materials you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights; and (C) Your Materials will be true, accurate, and complete, and will not violate any applicable laws, or regulations. You irrevocably waive any and all moral rights you may have in Your Materials in favor of Company and agree that this waiver may be invoked by anyone who obtains rights in the materials through Company, including anyone to whom Company may transfer or grant (including by way of license or sublicense) any rights in Your Materials.
3.2.2 You agree that Company can, at any time, review and delete any or all of Your Materials submitted to the Service, although Company is not obligated to do so.
3.2.3 You grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your use of the Service (“Your Trademarks”) to operate, provide, and promote the Service and to perform our obligations and exercise our rights under this TOS. This license will survive any termination of this TOS solely to the extent that Company requires the license to exercise any rights or perform any obligations that arose during the term of this TOS.
3.3 You also hereby grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license, during and after the term of this TOS, to derive statistical, usage and other data on an aggregated and/or anonymized basis (“Usage Data”).
3.4 Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
3.5 The Service may provide links, access to, or otherwise require you to use services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services may provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. You, and not Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
3.6 You are responsible for maintaining the confidentiality of your login, password and Account and for all activities that occur under your login or Account. You agree that Company has the right to access your Account in order to respond to your requests for technical support, and to share your Account credentials and passwords with its third-party service providers for the purpose of providing the Services. Company has the right, but not the obligation, to monitor the Service, Content, or Your Materials. You further agree that Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.7 You understand that the operation of the Service, including Your Materials, may be unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Materials. Company will have no liability to you for any unauthorized access or use of any of Your Materials, or any corruption, deletion, destruction or loss of any of Your Materials.
3.8 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Service (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Company’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
3.9 The failure of Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Company, even though it is electronic and is not physically signed by you and Company, and it governs your use of the Service.
3.10 Company reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Company’s website and in other communication with existing or potential Company customers. To decline Company this right you need to email support@trnd.io stating that you do not wish to be used as a reference.
3.11 Subject to the terms hereof, Company may (but has no obligation to) provide technical support services through email, or other means in accordance with our standard practice.
4.1 You acknowledge and agree that any arrangement or agreement between you and a Brand made in relation to the Service (each such arrangement or agreement, an “Seller-Brand Arrangement”) is directly between you and such Brand. You are responsible for Your Materials, your relationships and arrangements with Brands (including Seller-Brand Arrangements), your promotion or marketing of Brands’ products and services, and all aspects of the transactions between you and Users, including Customers and other Sellers. This includes, but is not limited to, communicating with Brands and negotiating Seller-Brand Arrangements, use of the Service (including the Site, the Mobile App, Virtual Storefront, and Shareable Links) to market or promote Brands’ products and services, your interactions with potential Customers through the Site or outside of the Site (including but not limited to Social Media Accounts), required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you promote products or services for sale), and your breach of this TOS. Company assumes no responsibility for compliance with any agreements between Users (including but not limited to your Seller-Brand Arrangements), or duties owed by a User to a third party, or a User’s compliance with applicable laws, rules and regulations.
4.2 You acknowledge and agree that any contract of sale made through the Service is directly between the Brand and the Customer. The Brand is the seller or merchant of record for all items sold through the Service. The Brand is responsible for its materials, the goods and products sold through the Service, the Seller’s relationship and arrangements with the Brand, and all aspects of the transactions between the Brand and Users, this includes, but is not limited to, communicating with Customers regarding their orders, authorizing debits or credits to the Customer in respect of the Customer’s purchase, refunds, or returns, respectively, fulfilling any sales, processing permitted returns, shipping and handling, customer service, fraudulent transactions, chargebacks, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), determining the commissions payable to you pursuant to your contractual relationship with the Brand, and your breach of this TOS. For the avoidance of doubt, the Company is not, and will not be, the seller or merchant of record and will have no responsibility for items sold to Customers through the Service. Even if Company processes a payment through its third-party payment processor, or Company’s name appears on Customer’s periodic statement, Brand remains seller or merchant of record and is responsible for transactions with or items sold to Customers through the Service.
4.3 You are solely responsible for all of Your Materials and all postings to your Social Media Accounts, and you represent and warrant that (A) all of your postings and other communications made under or based on an arrangement or agreement with another User: (i) will be in compliance with all applicable laws, rules and guides (such as FTC Guides Concerning Sponsored Endorsements); and (ii) you will have all necessary intellectual property and other rights for such use; and (B) you will not infringe the rights of any third party.
4.4 You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your Customers’ jurisdiction, or the laws of the United States and the State of Delaware. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to promote goods or that may be held by you) in your use of the Service, your promotion, marketing and sale of goods and services, and your performance of obligations under this TOS.
5.1 Mobile Services. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
5.2 Telephonic Communications Services. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Company or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its affiliates or partners for marketing or solicitation purposes to purchase Company’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Company or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to a person that acquires your old telephone number.
5.3 There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
5.4 By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
5.5 Mobile App License. Subject to this TOS, Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these TOS. Each instance of this TOS that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
5.6 Ownership; Restrictions. The technology and software underlying the Service or distributed in connection therewith are the property of Company, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Company or any third party is granted to you in connection with the Service.
5.7 Third-Party Distribution Channels. Company offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This TOS are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
5.8 Apple-Enabled Software. With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
5.9 Google-Sourced Software. The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these TOS are between you and Company only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these TOS; and (f) you acknowledge and agree that Google is a third-party beneficiary to these TOS as it relates to Company’s Google-Sourced Software.
You understand and agree that Company is not involved in the interactions between Users and does not refer or endorse or recommend particular Users (including any Brands and products and services sold by Brands). You also understand and acknowledge that Company does not edit, modify, filter, screen, monitor, endorse or guarantee Your Materials or the content of communications between Users. You are responsible for investigating and verifying to the extent you deem necessary the identity and credentials of other Users (including Brands) contacted via the Service. For the avoidance of doubt, under no circumstances will Company be the seller or merchant of record in connection with the Service, and Company will have no responsibility for items marketed or sold through the Service.
You agree that you are solely responsible for your interactions with any other Users (including Brands and Customers) in connection with the Service, and Company will have no liability or responsibility with respect thereto. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User(s) or other third party(ies) who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from, Company with respect to such actions or omissions. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User.
8.1 Seller Commission. A Seller may receive a commission representing a percentage of the Seller’s gross sale proceeds (excluding any taxes, discounts, shipping and handling) determined by the Brand, and accepted by the Seller, through use of the Services (“Seller Commission”).
8.2 Seller-Brand Arrangements. Pursuant to the terms of your Seller-Brand Arrangements, you may be compensated by Brands based on completed Customer purchases of products and services sold by Brands through your virtual storefront. Subject to the terms of the Seller-Brand Arrangement, Brands are responsible for paying you the Seller Commissions you earn by using the Services. Upon Your acceptance of the Seller-Brand Arrangement, the Company will apply the terms and conditions applicable to the Seller Commission You may be entitled to. The Seller recognizes and agrees that the Company is not liable to pay the Seller any Seller Commission, or compensation of any kind, is not responsible for setting the Seller Commission or the Seller Commission terms and conditions, or for any other terms and conditions associated with the Seller’s relationship with the Brand.
8.3 Seller Commission Remittance. The Company shall only be required to remit Seller Commissions to the Seller for which it has effectively received payment in full from the Brand. Consequently, the Company’s sole obligation to the Seller is to remit the Seller Commission that it has received from the Brand on your behalf as per the terms and conditions proposed to you by the Brand and accepted by you through the Services. You hereby recognize and agree that the Company shall not be liable to you in any way whatsoever for the payment of the Seller Commission owed or payable to you by the Brand and you hereby fully release and discharge the Company against any and all claims, demands, and actions against related to the Brand’s performance or non-performance of its obligations in your favour. Furthermore, the Company shall not have any obligation to take any recourse against the Brand or exercise any Seller rights against the Brand. The Seller recognizes and agrees that it shall directly exercise its rights against the Brand in the event of the Brand’s performance or non-performance of its obligations.
8.4 Payment Processing. To facilitate payment through the Services, the Seller is required to set up and maintain an account with Stripe Connect, a third-party payment processor (“Payment Processor”). The Company uses the services of the Payment Processor to process payments made by Customers through the Services. The processing of payments will be subject to the terms, conditions and privacy policy of the Payment Processor, and the Seller is responsible for ensuring compliance with the same, including any fees or charges imposed by the Payment Processor. These terms, conditions and policies are available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Payment Processor Agreements"). By agreeing to these terms, You agree to be bound by the Payment Processor Agreements, as the same may be modified by the Payment Processor from time to time. You hereby authorize Payment Processor to store and continue billing any payment method that You have authorized via this TOS. Please contact the Payment Processor for more information. We assume no liability or responsibility for any payments You make or receive through the Services. The Company reserves the right to change its providers of Third-Party Services, including third-party payment processor(s), at any time. The Company is not responsible for the services provided by Payment Processors to the Seller, including payment processing and any fees charged by Payment Processor.
8.5 Payment Schedule. The Company will calculate the Seller’s commission payment amount on a weekly basis (“Commission Payment Amount”) based on order fulfillment dates during a seven (7) day period starting from each Tuesday to the following Monday (“Weekly Reporting Period”). An order will be deemed fulfilled on the date when all the products purchased by the Customer in each given order are fulfilled. Each of the Seller’s Commission Payment Amount shall be withheld by the Company for a period of thirty (30) days starting from the end of the Weekly Reporting Period (“Holdback Period”) and payment shall be initiated to the Seller on the first Wednesday after the end of the Holdback Period (“Commission Payment Date”).
8.6 Minimum Payment Threshold. The Company will initiate a payment to the Seller only when the Commission Payment Amount exceeds $10.00. In the event the Commission Payment Amount is below $10.00, the Company will hold such payment until the Seller’s cumulative Commission Payment Amount exceeds the minimum payment threshold.
8.7 Payment Adjustments. In the event of Customer returns or refunds during the Holdback Period, the Company shall adjust the next and immediate Seller Commission payable to the Seller.
8.8 Currency. The Company uses the lawful currency of the United States (US dollars) as its base currency to render the Services. In the event a transaction is processed in a currency other than US dollars, the Seller shall assume any and all charges relating to currency conversion relating to payments to and from the Seller, fluctuations in currency exchange rates, or related costs representing a percentage of the Commission Payment Amount.
9.1 Tax Information and Compliance. The Seller shall provide the Company with any and all information the Company may require to provide the Services and for the issuance of relevant tax documentation, including but not limited to the Seller's full legal name, address, tax identification number (TIN), and federal tax classification. It is the Seller's responsibility to ensure that the information provided to the Company is accurate and up-to-date to comply with applicable tax laws and regulations.
9.2 Seller Tax Responsibilities. The Seller acknowledges and agrees that it is solely responsible for the payment of any and all taxes owed on income generated through the Services, such as all federal, state, local, and international taxes that apply, including, but not limited to, income taxes, sales taxes, and any other taxes or levies imposed by tax authorities relevant to the Seller’s sales activities. The Seller further acknowledges that the Company is not responsible for collecting, reporting, or remitting any taxes on behalf of the Seller. It is the Seller's duty to understand and comply with their tax obligations in all jurisdictions where they are required to pay taxes. The Seller agrees to indemnify and hold the Company harmless from any liability, including penalties, fines, or interest, arising from the Seller's failure to comply with their tax obligations.
9.3 Tax Form Provision. The Company shall provide the Seller with the necessary tax forms, as required by law, to report the income received through the Services. It is the Seller's responsibility to file such forms with the appropriate tax authorities in a timely manner. The Seller must request any additional documentation needed to fulfill their tax reporting obligations directly from the Company. The Company is not responsible for the Seller’s filing of any income tax reporting obligation. In the event the Seller has not received the appropriate tax documentation from the Company, it is the Seller’s responsibility to communicate with the Company and request any relevant and applicable tax documentation.
9.4 Amendments. The Company may update and amend this provision from time to time in accordance with changes in tax legislation or the operational policies of the Company. The Seller will be notified of any such changes and are advised to regularly review this clause to ensure compliance with their tax obligations.
9.5 Acceptance. By continuing to use the Services provided by the Company, the Seller agrees to abide by the terms set forth in this provision and acknowledges their responsibility for the payment of taxes as required by law.
You represent and warrant to Company that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Materials or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Company to perform its obligations) in connection with the Service without obtaining any further releases or consents; (iii) Your Materials and other activities in connection with the Service (including but not limited to your use of Shareable Links and reference to the Service through Social Media Accounts), and Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor do Your Materials or use of the Service contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you are eighteen (18) years of age or older; (v) your use of the Service will be limited to commercial and not personal, family, or household purposes; and (vi) any bank account(s) into which you receive Seller Commissions will be commercial deposit accounts only and not a consumer deposit account.
If you are entering into this TOS on behalf of an individual, company, business or other legal entity, and if you cease to represent the such individual or entity, or if any of your representations and warranties at Section 1.1(A) or Section 1.1(B) cease to be true, then you (as the representative of such individual or entity) agree that: (A) you will immediately notify us of the applicable foregoing circumstances, (B) you will immediately cease all use of the Service, (C) at our request and direction, you will offer all assistance to transition the Account to such individual or entity (or successor) determined at our sole discretion, and (D) we have the right to immediately terminate or suspend the Account.
You have the right to terminate your Account at any time by sending a cancellation request to support@trnd.io. Subject to earlier termination as provided below, Company may terminate your Account at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Company may also terminate your Account upon ten (10) days notice, if you breach any of the terms or conditions of this TOS. Company reserves the right to modify or discontinue, temporarily or permanently, your access to or use of the Service (or any part thereof). All of Your Materials on the Service (if any) may be permanently deleted by Company upon any termination of your Account in Company’s sole discretion. All accrued rights to payment and the terms of Sections 3.2.3, 3.3, and 5-19 shall survive termination of your Account.
The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond our reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
14.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
14.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, your violation of any law or the rights of a third party, any of Your Materials, or your other access, contribution to, use or misuse of the Service, including any aspect of any transaction, arrangement, or interaction with Sellers and Customers, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to consumer protection laws). Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
16.1 Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this TOS as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this TOS (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this TOS, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
16.2 Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
16.3 Pre-Arbitration Dispute Resolution.
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@trnd.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Penny AI Technologies, Inc., 548 Market St PMB 65915 San Francisco CA 94104, United States, (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
16.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this TOS as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this TOS and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
16.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Company or you under the AAA Rules, Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
16.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16.7 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 14.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 14.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this TOS will continue to apply.
16.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this TOS to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this TOS (or accepted any subsequent changes to this TOS).
Company is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Service is at your sole risk. You may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
You may not assign this TOS without the prior written consent of Company, but Company may assign or transfer this TOS, in whole or in part, without restriction. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this TOS will be binding on the parties and their successors and assigns.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the State of Delaware for the purpose of resolving any dispute relating to your access to or use of the Service.
Please visit https://trnd.io/privacy_policy/ to understand how Company collects and uses personal information.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at legal@trnd.io (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Penny AI Technologies, Inc.
548 Market St PMB 65915
San Francisco CA 94104
United States
Email: legal@trnd.io
Notice: To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
See the previous version of this document here.
